Table of Contents of 2nd Edition of Attorney Workbook

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Editor’s Comment:

Table of Contents- WHOSE LIEN IS IT ANYWAY

WHOSE LIEN IS IT ANYWAY? 

Real Property, Mortgages and Foreclosures

Post-Securitization 

 A treatise, practice manual and forms for litigation of claims relating to claims relating to securitized loans

 By Neil F Garfield, Esq. MBA, JD

Author and Editor of livinglies.wordpress.com

Published by GTC|Honors[1]
Disclaimer

IMPORTANT: The information presented in this workshop is general information and is not specific advice on the law of any state other than Florida.

No decision or action should be undertaken strictly on the basis of the information in this workbook or in the presentation without first consulting a licensed competent attorney in YOUR community or where your property is located.

The accuracy of the information is not guaranteed. State laws vary, and local rules vary from state to state and county to county. The style of pleadings, and the rules of when and how to file objections, motions, pleadings and discovery varies from state to state as well.

The presenters do not purport to know the rules and laws of all 50 states.

The purpose of this presentation is to provide you with informational guidelines about cases and situations OTHER than your own, and what that COULD mean in your case.

You should not use this workbook or this workshop as a basis for advising anyone other than within a jurisdiction in which you licensed to practice law, as it probably would be otherwise considered the Unauthorized Practice of Law (UPL). UPL is a crime in most states and carries substantial penalties and the risk of imprisonment.


TABLE OF CONTENTS

TITLE PAGE
About the Author 5
Arizona Mortgage Fraud Statute 9
Practice Materials Available 12
Forward: Prospects for the Housing Market 13

FALSE CREDIT BID AS RACKETEERING
16
DIAGRAM: GENERAL PLAN OF ENGAGEMENT 19
DIAGRAM: SINGLE TRANSACTION 20
DIAGRAM SPECIFIC PLAN OF ENGAGEMENT 21
DIAGRAM: WIN AT THE BEGINNING NOT IN THE END 21
DEDICATION 22
GENERIC COMPUTATION OF DAMAGES AND CLAIMS OF BORROWER 24
NARRATIVE: SINGLE TRANSACTION AND STEP TRANSACTION DOCTRINE 25
      BINDING COMMITMENT TEST 26
      SELLING FORWARD PRESUMES SECURITIZATION 26
      END RESULTS TEST 26
      INTERDEPENDENCE TEST 27
NARRATIVE: DEMAND FOR ADMINISTRATIVE HEARING 29
DIAGRAM FIGURE 1: THE MONEY TRAIL 31
DIAGRAM FIGURE 2: THE MONEY TRAIL AND DEFENSE OF PAYMENT IN FULL 32
DIAGRAM FIGURE 3: STRUCTURE OF SPECIAL PURPOSE VEHICLE AND APPLICABLE LAWS 33
DIAGRAM FIGURE 4: RISK AND LOSS MITIGATION 34
DIAGRAM FIGURE 5: TRANCHE STRUCTURE AND BURDEN OF PROOF 35
OUTLINE: AFFIRMATIVE DEFENSES AND COUNTERCLAIMS 36
RELATED SOURCES OF INFORMATION AND DEFINITION OF TERMS 37
INTRODUCTION — GETTING STARTED 39
      HISTORY 41
     INSTITUTIONALIZING WRONGFUL FORECLOSURES 45
     SHOW ME THE MONEY 49
      PATTERNS OF LENDING 50
CATEGORIES OF LOANS 52
     THE ACADEMIC SECURITIZATION MODEL AS MYTH 52
     THE TRADITIONAL HOME MORTGAGE LOAN 54
     THE ACADEMIC “SECURITIZATION” MODEL WITH ERRORS 54
     THE MYTHOLOGICAL “SECURITIZATION” MODEL 55
     NOTES FROM THE UNDERGROUND 58
     THE NEED FOR A FULL ACCOUNTING 61
TAKING CONTROL OF THE NARRATIVE 65
     PRACTICE POINTERS 65
OBJECTIONS AND PRESERVING YOUR RIGHTS ON APPEAL 67
     OBJECTIONS BASED UPON FOUNDATION, HEARSAY ETC. 69
GLOP: THE STORY OF HOW CRAZY THE AMERICAN ECONOMY AND POLITICS CAN GET 74
STANDARD MORTGAGE TRANSACTION AND FORECLOSURE — No power of sale, no securitization, no MERS 77
     PRACTICE POINTERS 84
CASE EXAMPLES OF FORECLOSURES PRODUCING THE WRONG RESULTS     PRACTICE POINTERS — Association Foreclosures 85
RECORDING, MERS AND AUCTIONS 88
FROM THE CONSUMER FINANCIAL PROTECTION BOARD (ALL PARTIES IN SECURITIZATION CHAIN HAVE RESPONSIBILITIES OF BANKS AND SERVICERS) 91
STANDARD MORTGAGE TRANSACTION AND FORECLOSURE — Power of Sale, No Securitization, No MERS (NON-JUDICIAL) 93
PRACTICE POINTERS 105
2008 Legal Memo at BKR Conference: Lying About Ownership 107
HOMEOWNERS MAY SEE VALUE RESTORED AS BANKS PAY FOR SIGNATURES 111
NON-STANDARD MORTGAGE TRANSACTION AND FORECLOSURE — Power of Sale, With Securitization Claims, No MERS (NON-JUDICIAL)[2] 113
PRACTICE POINTERS 128
SECURITIZATION ACADEMIC MODEL 130
EFFECT OF ACADEMIC MODEL OF SECURITIZATION 137
Manhattan U.S. Attorney Recovers $202.3 Million From Deutsche Bank 139
HOA LIABILITIES 141
PRACTICE POINTERS 141
NON-STANDARD MORTGAGE TRANSACTION AND FORECLOSURE — Power of Sale, With Securitization Claims, MERS (NON-JUDICIAL) 144
PRACTICE POINTERS 164
SECURITIZATION ACADEMIC MODEL: 166
EFFECT OF ACADEMIC MODEL OF SECURITIZATION: 173
ALLONGES, ASSIGNMENTS AND INDORSEMENTS 220
ALLONGE 220
ASSIGNMENTS 221
INDORSEMENTS AND ENDORSEMENTS 223
VALIDITY OF THE SECURITIZATION CHAIN: WERE THERE ANY REAL TRANSFERS FOR VALUE OR WERE THE ASSIGNMENTS, ALLONGES, INDORSEMENTS ETC MERELY A SHAM? 225
SAN FRANCISCO STUDY

CORRUPTION OF CHAIN OF TITLE BY STRANGERS TO LOAN ORIGINATIONS AND FORECLOSURE TRANSACTIONS

229
BANKRUPTCY AND FEDERAL JURISDICTIONAL ISSUES 251
TABLE OF AUTHORITIES 257
CREDIT BID SHAM 295
National Notary Association to take Up Issue of  Forgery, Robosigning and attesting to authority in corporate capacity 297
FIDUCIARY LIABILITY 298
DEFINITIONS AND BASIC REQUIRED ELEMENTS OF LOAN 300
SHORT SALES OR REO SALES IN CHAIN OF TITLE MAY OR MAY NOT EXIST 329
HOME MORTGAGE DISCLOSURE ACT 330
MERS 336
APR 340
Protecting Tenants at Foreclosure Act of 2009 415
REAL ESTATE SETTLEMENT PROCEDURES ACT 417
USURY 443
FORCING MODIFICATION 459
Glossary and Guidelines 462
CONTACT AUTHOR: INFO@LIVINGLIES.BLOG.COM

 


[1] Copyright Neil F Garfield 2012

[2] With two exceptions, the comments relating to non-judicial foreclosures also apply to judicial foreclosures. The first of the two exceptions are that the Notice of sale is executed by a “substituted trustee” in a non-judicial sale instead of a judge in a judicial sale. The second is that the sale is conducted by the “trustee” (who is under current practice a controlled party of the “new” creditor). Thus I have removed sections dealing exclusively with judicial foreclosures as they are now a subset of non-judicial foreclosures.

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4 Responses

  1. […] by GTC|Honors[1] […]

  2. The judges give the banks every chance to find the valid docs when they can not convence the judges with their fruad docs. Hope Wells Fargo winds up with egg on their face.

  3. “The nonjudicial foreclosure proceedings were marred by repeated statutory noncompliance. The financial institution acting as lender also appeared to be acting as the trustee under a different name…and the trustee conducted a sale without statutory authority. Equity cannot support waiver given these procedural defects and the purchaser’s status as a sophisticated real estate investor or buyer who had constructive knowledge of the defects in the sale…We conclude the trustee sale was invalid…”

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